1. GENERAL
    2. 1.1. World-Link Communications Inc. (including its parent and affiliated companies) collectively ("World-Link") provides You with Long Distance Service, Home Phone Service and Internet Access Service (collectively, the "Service") subject to Your compliance with these Terms and Conditions. Upon acceptance of Your application by World-Link, You agree to be bounded by the Terms and Conditions of the Service Agreement.
    1.2. You (throughout these Terms and Conditions, "You" means You and every person You authorize or permit to use the Service) agree to be bounded by these Terms and Conditions.
    1.3. World-Link may modify these Terms and Conditions at any time, and such modifications shall be effective immediately upon posting of the modified Terms and Conditions at the World-Link Website at http://www.wlink.ca. You agree to review the Terms and Conditions periodically to be aware of such modifications and Your continued access to and/or use of the Service shall be deemed Your conclusive acceptance of the modified Terms and Conditions. You will be responsible for paying all charges incurred for use of the Services, including charges resulting from the change or modification. If You do not accept a change, unless You are in a fixed term agreement, You may terminate this Agreement by serving written notice to World-Link. You cannot change this Agreement.
    1.4. Services offered by World-Link are subject to the terms and conditions contained herein and additional terms and conditions related to a particular Service, which make up part of this Agreement. In the event of a conflict, these terms and conditions will take precedence. This Agreement, including any additional terms and conditions related to a particular Service constitute the entire Agreement between You and World-Link and supersede any other written or oral representations or agreements.
  2. USE OF LONG DISTANCE SERVICES
    3. 2.1. You agree to pay for the services World-Link provides You as indicated in the Long Distance Service agreement when due and payable. Plan fee may apply for promotion plans; if You do not have a plan Basic Rates will be applied.
    2.2. You agree to pay for all calls originating from, charged to or accepted at, the telephone number indicated on Service Agreement, regardless of who made or charged or accepted such call. You agree to use, and make sure others use this service in accordance with this agreement.
    2.3. You agree that any equipment World-Link provides to You with respect to this service will always remain the property of World-Link, and if this agreement is terminated for whatever reasons and grounds or at the end of its terms, You agree to allow World-Link to remove any such equipment at Your service location.
    2.4. You fully understand that World-Link cannot guarantee or warrant uninterrupted working of World-Link's service or other telecommunications equipment used, rented or sold to You in connection with providing You with long distance telephone service. No compensation or adjustment or abatement to rates and charges otherwise owing by You shall be made in the case of any service interruption. You further understand and agree that World-Link will not be liable to You or any other person for any damage, loss of profits, loss of earnings, loss of business opportunities or other loss resulting directly or indirectly out of or in connection with this agreement any service provided by World-Link or any use of World-Link services or equipment, or any acts of omissions of a telecommunications carrier whose facilities are used in establishing connections. In no event shall World-Link or its licensors, affiliates, directors, officers, employees, contractors or agents be liable for incidental, consequential, special or indirect damages arising from provision of or failure to provide any service to You or others including any liability for breach of provisions of this service or agreement, or for any tort including, without limitation, the negligence of World-Link or any of its licensors, affiliates, directors, officers, employees, contractors or agents. Without limiting the generality of the foregoing, such excluded damages and expenses shall include loss of good will, loss of profits, loss of use and any claims made against You by a third party.
    2.5. You agree to treat World-Link telephone cards and all other access codes PIN and passwords, where applicable, as confidential and non transferable. World-Link reserves the right to deactivate World-Link telephone card codes without notice if, in World-Link's sole discretion, fraudulent use is suspected. In the event that a World-Link telephone card is lost, stolen or used in an unauthorized manner, You will be responsible for notifying World-Link by calling 1-877-513-3087. You acknowledge and agree that You shall be responsible for all costs incurred until such notification to World-Link.
    2.6. If You have ordered World-Link toll free service, You authorize World-Link to act as Your Responsible Organization for each of the toll free number(s) listed on the Service Agreement.
  3. USE OF DIGITAL HOME PHONE SERVICE
    4. 3.1.
    Service Limitations
    You acknowledge and understand that the Service is not a telephone service. The Service connects to the Internet, and not a telephone line. There are IMPORTANT DIFFERENCES between telephone service and the Service offering provided by WORLD-LINK as set out in these Terms and Conditions.
    3.1.1. 9-1-1 LIMITATIONS: 9-1-1 service associated with Digital Phone HAS CERTAIN LIMITATIONS COMPARED WITH TRADITIONAL 9-1-1, WHICH ARE SET OUT BELOW: The type of 9-1-1 service available to You depends on where and how You use Your phone. There are two types of 9-1-1 service:
    3.1.1.1. E9-1-1 Service You will have E9-1-1 service if your Digital telephone number corresponds to your address and municipality where you permanently use your Digital Phone Service and E9-1-1 is available in your serving area. If You dial 9-1-1, Your call is automatically routed to the Public Safety Answering Point (PSAP) corresponding to Your address and the emergency operator will have Your telephone and address information. You may be required to verify Your name, telephone number and address with the emergency operator.
    3.1.1.2. Basic 9-1-1 Service Basic 9-1-1 Service is provided in the following two situations.
    3.1.1.2.1. You will have Basic 9-1-1 Service if your Digital telephone number does not correspond to your address and municipality where you permanently use your Digital Phone service or if you live in a serving area in which E9-1-1 from World-Link is not available. If You dial 9-1-1, You will be automatically routed to a specialized call centre that handles emergency calls. The call centre is different from the Public Safety Answering Point (PSAP) that would answer a traditional emergency call. You will be required to provide Your name, telephone number and address to the call centre operator. OR
    3.1.1.2.2. You will have Basic 9-1-1 Service if You intend on using Your Digital Phone Service from multiple locations. You have access to 9-1-1 service, but because You may be out of the coverage area of Your Public Safety Access Point (PSAP), whenever You dial 9-1-1, You will be automatically routed to a specialized call centre that handles emergency calls. The call centre is different from the Public Safety Answering Point (PSAP) that would answer a traditional emergency call. You will be required to provide Your name, telephone number and address to the call centre operator.
    3.1.1.3. Disconnections. You must not disconnect a 9-1-1 call until told to do so by the call centre operator, as the operator may not have your number or contact information. If you are inadvertently disconnected, you must call back immediately.
    3.1.1.4. 9-1-1 Service Fee will be applied per month per number.
    3.1.2. Cancel Service. If you cancel your Digital Phone service, or, if World-Link terminates your Digital phone service for any reason, you will no longer have access to 9-1-1 Emergency Dialing Services.
    3.1.3. Service Outages – 911 calls may not function. You acknowledge and understand that World-Link’s Digital Phone Service including 9-1-1 service may not function in various circumstances, including but not limited to:
    3.1.3.1  Your service access equipment fails or is not configured correctly, or does not meet World-Link’s requirement;
    3.1.3.2 During service outages or network congestion of your internet service provider or for any reason whatsoever;
    3.1.3.3 In the event of a power failure. If there is an interruption in the power supply, the Digital Phone Service, including 911 Service will not function until power is restored. A power failure or disruption may require you to re-set or reconfigure the system access equipment prior to using the Digital Phone service.
    3.1.3.4 Suspension or disconnection of service due to billing issues.
    3.1.4. Correctness of Information: You are responsible for providing, maintaining, and updating correct contact information (including name, residential address and telephone number) with World-Link. You acknowledge and understand if you do not correctly identify the actual location where you are located, or if your account information has recently changed or has otherwise not been updated, 9-1-1 calls may be misdirected to an incorrect emergency response site.
    3.1.5. Network Congestion. Reduced Speed for Routing or Answering 9-1-1 Dialing Calls. There may be a greater possibility of network congestion and/or reduced speed in the routing of a 9-1-1 call made utilizing the Service as compared to traditional 9-1-1 Dialing over traditional public telephone networks.
    3.1.6. Disclaimer of Liability and Indemnification. You acknowledge and agree that World-Link, its affiliates, directors, employees, agents and underlying carriers, will not be liable for any injury, death or damage to persons or property, arising directly or indirectly out of, or relating to the 9-1-1 service and you agree to indemnify and hold harmless World-Link (and their respective directors, officers, employees, agents and underlying carriers) for any liabilities, claims, damages, losses and expenses, (including reasonable legal fees and expenses) which you may suffer or incur, arising directly or indirectly out of or relating to your failure to obtain the service including and not limited to access to 9-1-1 services.
    3.1.7. Conveying Limitations to other household residents and guests. You acknowledge and agree to advise all household residents, guests and other persons who may be present at the physical location where you utilize the service of the important differences and limitations of the Digital 9-1-1 dialing service as compared with the traditional 9-1-1 and E9-1-1 dialing service as set out above.
    3.1.8. Move or Traveling. Your Digital home phone service is portable to any location with Broadband Internet access. You must update your new location with us when you move or travel with your Digital home phone within Canada or USA. Simply visit www.wlink.ca to update your permanent or temporary address.
    3.1.9. Operator Services Currently Not Available. World-Link does not currently offer Operator Service.
    3.1.10. No Directory Listing. World-Link does not automatically provide directory listings. Directory listings may be available in select serving area and by request only.
    3.1.11.
    Service Incompatibility
    3.1.11.1. Non-Voice Equipment Limitations. You acknowledge that Digital Home Phone Service may not be compatible with all non-voice communications equipment, including but not limited to home security systems, TTY, medical monitoring equipment, TIVO, satellite television systems, PBX, Centrex, other private telephone networks, and dial-up modems. You waive any claim against World-Link for interference with or disruption of these services and equipment, as well as any claim that World-Link is responsible for any disruption to your business, if applicable.
    3.1.11.2. Certain Broadband, Cable Modem, and Other Services. There may be other services with which our service may be incompatible. Some providers of broadband service may provide modems that prevent the transmission of communications using the service. World-Link does not warrant that the services will be compatible with all broadband services and expressly disclaim any express or implied warranties regarding the compatibility of the service with any particular broadband service.
    3.1.11.3. Fax Machines: The Digital Home Phone Service may not work with fax connection due to machine configurations, internet connectivity and bandwidth fluctuations, faxing using Digital Home Phone Service is provided on a best-efforts basis and World-Link assumes no liability whatsoever and provides no guarantee that faxing will work.
    3.1.12. Alternate 9-1-1 arrangements. If you are not comfortable with the limitations of the 9-1-1 or E9-1-1 dialing service, you should consider having an alternate means of accessing traditional 9-1-1 or E9-1-1 dialing services or terminating the service.
    3.2.
    Residential Use of Service
    World-Link Digital Home Phone Services are provided to you for conventional residential, non-business and non-professional use only. You shall not resell or transfer the Service to another party. You are prohibited from using the Service for auto-dialing, continuous or extensive call forwarding, telemarketing (including charitable or political solicitation or polling), fax or voicemail broadcasting or blasting and data transmission. You agree that World-Link may monitor Your account for misuse and if World-Link determines, in its sole discretion that Your use is not for conventional residential purposes or inconsistent with normal residential usage patterns, World-Link may terminate Your use of the plan or switch You automatically to another plan. In addition, You will be required to pay for the exceeded usages.
    3.3.
    Telephone Numbers
    3.3.1. Ownership. Telephone numbers are a limited public resource. You do not own the number(s) assigned to You and World-Link reserves the right to change the number(s) assigned to You. World-Link will take all reasonable measures to prevent such an occurrence.
    3.3.2. Number Portability. You may be able to port an existing telephone number to be your telephone number for Your World-Link Service(s) or port your World-Link telephone number to another service provider.
    3.3.3. Port From World-Link. You may not port Your World-Link telephone number if Your World-Link account is not in good standing. You will remain responsible for all fees and charges for your Service up until the date of the porting process is fully complete. Porting a World-Link number to another service provider, a Port-Out fee per number will be charged.
    3.3.4. Port to World-Link. World-Link will not be responsible for any termination fees imposed by any other service provider as a result of You porting Your number to World-Link. World-Link cannot guarantee or warrant the date on which you will be able to port your number, nor can it guarantee or warrant that You will be able to port your number. Please see the section of these Terms and Conditions entitled "Warranty Disclaimer and Limitation of Liability," below. World-Link has to pay for the costs to get the number port to World-Link. However, for some promotional plans, or, if You cancel the service within 1 year from your submission of the Letter of Authorization for Local Number Porting, a Port-In fee per number will be charged.
    3.4.
    Equipment and Facilities
    3.4.1. Ownership and Interest. You agree that the Equipment, including dial numbers assigned to You by World-Link, shall at all times remain the property of World-Link, and that You have no right, title or interest therein and agree to keep the Equipment free and clear of any levies, liens and encumbrances.
    3.4.2. Receiving Equipment. Equipment shall be deemed to have been delivered in good working condition unless You give notice to World-Link to the contrary within 5 days of receiving the Equipment.
    3.4.3. Equipment Pick Up. If You choose to pick up the Equipment at World-Link designated location, the Equipment will be held for up to 10 working days from the date the Equipment is ready for pick up. If you fail to pick up the Equipment within the scheduled time frame, World-Link will assume that you are no longer interested and may cancel Your order. A processing fee will be applied for such cancellation.
    3.4.4. Prohibited Changes. You agree that You will not re-arrange, disconnect, remove, reconfigure or repair any Equipment, including passwords, and not to change electronic serial number or equipment identifier of the Equipment, or to perform a reset of the Equipment, except by prior written agreement with World-Link. Terminal equipment provided by You may be connected with World-Link's facilities only by prior special written agreement with World-Link. If You tamper with the Equipment, World-Link reserves the right to terminate Your Service, in which case You will be responsible for all Charges for Your Service(s) and Equipment.
    3.4.5. Fees for Prohibited Changes. You agree that if You make unauthorized changes to any Equipment provided to You by World-Link which results in Service problems or downtime, World-Link will charge You and You agree to pay World-Link' cost for any effort involved in the restoration or repair of Service to You.
    3.4.6. Equipment Malfunction. If the Equipment malfunctions during its intended use, World-Link, at its sole discretion, will maintain and replace the Equipment if necessary. In such an event, You agree that World-Link's liability and Your sole remedy is limited to a refund of charges or replacement by World-Link of such Equipment, provided that You notify World-Link immediately upon Equipment malfunction. If it is determined that repair was not required or was required due to damage caused by You, You agree to pay World-Link's cost for such repair.
    3.4.7. Safekeeping of Equipment. You agree that You are responsible for the safekeeping of Equipment from the moment You receive the Equipment until the Equipment is returned to World-Link in good physical and functional condition.
    3.4.8. Damaged Equipment. If, while in Your care, the Equipment is damaged, lost, stolen, or if, in World-Link's sole discretion, the Equipment is returned in an unusable condition, You agree to pay the replacement value of the Equipment. If, in World-Link's sole discretion, such the Equipment is not damaged beyond repair, You agree to immediately place such Equipment in good repair, at Your sole cost, at locations specified by World-Link.
    3.4.9. Return of Equipment. Upon cancellation or termination of Services, You agree to return, at your own expense (alternatively a Shipping & Handling Fee will be billed to You by World-Link), the Equipment together with a copy of the Cancellation Confirmation e-mail to World-Link in good working condition within ten (10) days of cancellation/termination or within a time specified by World-Link. You are responsible for continuing charges for the Equipment until its return. If You fail to return the Equipment within the required time, World-Link may repossess the Equipment at Your expense, and/or may charge You for the replacement cost of such Equipment up to $99.
    3.4.10. Service Abuse. You agree that your account may be monitored for use to determine abuse, residential, business, fraudulent, or use that undermines World-Link operations in any way. Based on its determination World-Link may deactivate service immediately without notice or liability.
    3.5.
    Trial Period
    World-Link offers 30 Day trial period for new subscriber to World-Link Digital Phone Service. The trial period will commence from the date You received the Equipment. If You do not satisfy with the Service, You may terminate the contract at any time during the first 30 Day trial period and Early Termination Fees will not be applied. You should submit Your Request for Cancellation to World-Link within the trial period to terminate the service. Within 5 business days, World-Link will send you a Cancellation Confirmation e-mail, you should mail a copy of the Cancellation Confirmation e-mail and the Equipment in the same original condition on receipt, including, all packing materials, parts and accessories, documentation and manuals to World-Link within 10 days from the day of Your Request for Cancellation received by World-Link. Upon receipt of the returned Equipment in its original condition, World-Link will refund the activation fee, service fee and/or equipment deposits if applicable.
    3.5.1. Shipping and Handling fee is non-refundable.
    3.5.2. You will be charged for the toll usages e.g. Long Distance charges (i.e. call with prefix 1+ or 011+), if any.
    3.5.3. Refund will be made in 4 to 6 weeks from the date World-Link received the equipment in good order.
    3.5.4. However under the following conditions, NO refund will be made and further charges may apply:
    3.5.4.1. If You did not submit Request for Cancellation to World-Link to cancel the service within the time limitation.
    3.5.4.2. If you submitted the Request for Cancellation within the trial period but continue to use the service pass the trial period. Further monthly fee will also be applied.
    3.5.4.3. If World-Link does not receive the returned Equipment with a copy of the Cancellation Confirmation e-mail within 10 days after the termination date (the date of Your Request for Cancellation received by World-Link to cancel the service). In addition, World-Link will charge You up to $99 for the cost of the Equipment if no equipment deposits has been made before.
    3.5.4.4. If the total usage before the date of termination is over 500 minutes.
    3.5.4.5. If you have agreed to port your number to World-Link by submitting the letter of authorization for local number porting. Port-In fee will also be charged.
    3.6.
    Rate Changes
    World-Link reserves the unilateral right to change, modify, increase, decrease, or add surcharges, connection fees as may be required from time to time.
  4. USE OF INTERNET SERVICES
    5. 4.1.
    The Service
    The Service You subscribe to is residential Internet Service. The following is a general description of the Service features provided by World-Link, which Service features are subject to change in according with Clause 8 below:
    4.1.1. An Internet connection, the speed of which depends on the particular Service offering available to and selected by You.
    4.1.2. Depending on the particular Service offering available to and selected by You:
    4.1.2.1. unlimited bandwidth usage; or
    4.1.2.2. bandwidth usage with a limit on the combination of download and upload bandwidth activity. Additional charge will apply for bandwidth activity that exceeds the limit. It is Your responsibility to monitor and manage Your monthly download and upload bandwidth activity.
    4.1.2.3. Email package
    4.1.2.3.1. E-mail Address
    4.1.2.3.2. E-mail Attachments and Storage is limited to 10 megabytes.
    4.2.
    Acceptable Use Policy ("AUP")
    You agree to read and adhere to World-Link's Acceptable Use Policy ("AUP") available at http://www.wlink.ca/html/aup.htm and agree to hold World-Link harmless from all liabilities and expenses related to any violation by You of the AUP. World-Link reserves the right to change the AUP at any time by posting a new version of this policy on the http://www.wlink.ca website.
    4.3. You may use the Internet Services subscribed for provided that You do so in compliance with this Agreement, including the AUP and Privacy Policy, and all applicable laws and regulations.
    4.4.
    Service Availability
    The Internet Service is only available for use where technology permits. Due to the nature of the Service technology, World-Link reserves the right to deem the Internet Service unavailable to You, up to and including, and including after installation. World-Link assumes no liability whatsoever for any claims, damages, losses or expenses arising out of or otherwise relating to the unavailability of the Service in your geographical area, even where such unavailability occurs after installation of the Service.
    4.5. You acknowledge that You are authorized to subscribe for the Services and agree that You will not resell or transfer the Services to any other person for any purpose or make any charge for the use of the Service.
    4.6.
    Internet Speed
    World-Link Internet Services are provided on a best efforts basis and does not guarantee the speed of the Internet provided. Speed of Internet Service is dependent on various factors, including the distance of the customer from Carrier’s network equipment or the distance of the customer from the facilities.
    4.7.
    Rules of Conduct
    While using the Service, You must at all times comply with all applicable laws. In addition, You may not:
    4.7.1. impersonate, or falsely represent Your association with, another person when posting or transmitting messages;
    4.7.2. choose a user name for Your e-mail address which is protected by copyright, trade-mark or other intellectual property right, without obtaining permission of the copyright holder or other right holder;
    4.7.3. choose a user name for Your e-mail address which is libelous, defamatory, obscene, threatening, abusive or hateful;
    4.7.4. post, transmit, link to or otherwise distribute information constituting, or encouraging conduct that would constitute a criminal offence or give rise to civil liability (including without limitation information which is libelous, defamatory, obscene, threatening, abusive or hateful) or otherwise use the Service in a manner which is contrary to law or would serve to restrict or inhibit any other user from enjoying the Service or the Internet, including without limitation for the purposes of stalking or harassing any other person;
    4.7.5. post, transmit or link to any information or software which contains a virus, cancelbot, Trojan horse, worm or other harmful or disruptive component;
    4.7.6. post, transmit or link to any advertising, promotional materials or any other solicitation of other users of the Internet for goods and services except in those areas (e.g., a classified bulletin board) that are designated for such purpose;
    4.7.7. post, transmit or link to charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes;
    4.7.8. post, list or link to articles which are off-topic according to the description of the newsgroup or list or send unsolicited mass e-mailings to more than twenty-five (25) e-mail users, if such unsolicited e-mailings provoke complaints from the recipients;
    4.7.9. upload, post, publish, transmit, reproduce, or distribute in any way, information or software or other material obtained through the Service which is protected by copyright, or other intellectual property right, or derivative works with respect thereto, without obtaining permission of the copyright holder or right holder. Without limiting the foregoing, You agree to abide by the terms of the World-Link Internet Acceptable Use Policy, which forms part of these Terms and Conditions.
    4.8.
    Warning about Sexually Explicit Materials
    You understand that the Internet contains unedited materials, some of which are sexually explicit or which may otherwise be offensive to You. You access such material at Your own risk. World-Link has no responsibility whatsoever for such materials or for any access to such materials which may be made using the Service. World-Link encourages You to take an interest in Your child's activities on the Internet and to limit his or her access to those portions of the Internet with which You are uncomfortable.
    4.9.
    Your Responsibilities
    You are responsible for paying all charges for the Service, for maintaining a secure password and for access to Your computer system. World-Link shall recognize You as the sole person authorized to accept, utilize, manage, modify or terminate the Service; provided, however, that if a person other than You are the subscriber for the local service to the telephone number through which the Service is provided, in the event of any dispute as to authority to deal with the Service, World-Link will accept the local service subscriber's authority to accept, utilize, manage, modify or terminate the Service. Where such a dispute has occurred, You shall continue to be fully responsible for all charges and obligations in respect of the Service incurred up to the time (i) the Service is terminated, or (ii) the Service is assigned to and assumed by the local service subscriber with World-Link prior written consent (whereupon such local subscriber will become the subscriber of the Service). You may not resell the Service to third parties.
    4.10.
    Equipment
    4.10.1. The computer equipment required to access and use the Service may change from time to time. You understand and acknowledge that it is Your own responsibility to ensure that Your computer system meets the current minimum requirements stated by World-Link as being necessary to use the Service. Accordingly, should Your computer equipment no longer be adequate to access the Service, You have to upgrade and/or replace Your equipment at Your own cost and expense.
    4.10.2. Modem. A DSL modem, is required for use of the DSL Internet Service, You may buy or rent from World-Link or use Your own modem to receive the Service.
    4.10.2.1. Bought Modem. Modem bought from World-Link is non-refundable or non-returnable. If You cancel the order at any time prior to the delivery of the modem, a restocking fee will be charged. Warranty is limited to the warranty as provided by the Original Equipment Manufacturer (OEM) as contained in the original packaging. Warranty shall take effect from the date of receipt of the modem by You. World-Link does not guarantee uninterrupted or error-free operation of the Modem. There is no express or implied warranty, save and except as explicitly provided by the OEM. You agree that World-Link shall have no liability to You in connection with any warranty obligations whatsoever.
    4.10.2.2. Rented Modem. If Your Modem is rented to You by World-Link, the modem and all packing materials, parts and accessories, documentation and manuals delivered to You will always remain the property of World-Link. You agree to use and maintain the Modem, in compliance with the applicable operating instructions provided by World-Link, as applicable. You must return the Modem and all packing materials, parts and accessories, documentation and manuals delivered to You within ten (10) days of (a) the Service being cancelled, (b) the non-activation of the Service, or (c) World-Link's request for return of the Modem by contact World-Link's Customer Care to make arrangements to have the Modem returned. If the Modem is not received within ten (10) days, the cost of the modem will be charged. You also agree to return the Modem and all packing materials, parts and accessories, documentation and manuals, in good repair and working order. In the event that the modem is not in good repair and working order upon its return, subject to reasonable wear and tear, You will be charged an amount equal to the cost incurred by World-Link in repairing or replacing such modem. Return of Rented Modem may subject to restocking fee.
    4.10.2.3. You acknowledge that World-Link is not the manufacturer of the Modem or any other related Equipment; and as such World-Link shall not be liable for any damages arising out of (i) latent or patent equipment or services defects, or (ii) loss of use of any equipment or services.
    4.10.2.4. Use Your Own Modem. You can use Your own modem, however, World-Link Technical Support will not support equipment of Your own.
    4.10.3. In order to operate and optimize the Services and enhance service offerings made available to You, World-Link reserves the right to remotely monitor the Modem and any connected devices and to remotely update, replace or upgrade software and log-in credential on the Modem.
    4.11.
    Use and Access to Service
    You expressly acknowledge and agree that the use of the Service is at Your sole risk, and in particular, but without limiting the generality of the foregoing, neither World-Link nor any of its licensors, affiliates, directors, officers, employees, contractors or agents warrant that the Service will be uninterrupted or error-free; nor does World-Link or any of its licensors, affiliates, directors, officers, employees, contractors or agents make any warranty or representation as to the results to be obtained from the use of the Service. The Service and any deliverables provided by World-Link or those for whom it is responsible in law are provided "as is" and "as available" without warranties or conditions of any kind. In addition, You expressly agree and acknowledge that neither World-Link nor any of its licensors, affiliates, directors, officers, employees, contractors or agents warrant that any data or files sent by or to You will be transmitted in uncorrupted form or within a reasonable period of time, that such data or files will not be intercepted or that other users will not gain access to any of Your computer equipment, or that any World-Link content, or other materials accessible on the Service is free of viruses or other harmful elements or components. There is no express or implied warranty or condition, whether of merchantability, fitness for a particular purpose, or otherwise, with respect to any of the service, products or equipment provided by World-Link hereunder or with respect to any merchandise, information, or service provided on the Internet.
    4.12.
    Security
    World-Link cannot ensure or guarantee privacy for users of the Service. It is therefore recommended that the Service not be used for the transmission of confidential information, including credit card information. Any such use shall be at the sole risk of the user, and World-Link and its licensors, affiliates, directors, officers, employees, contractors or agents shall be relieved of all liability in connection therewith. You should be aware that when personal information is voluntarily disclosed (i.e., user name, e-mail address, etc.) in the discussion areas or other public areas of World-Link, that information, along with any information disclosed in Your communication, can be collected and used by third parties and may result in unsolicited messages from third parties. Such activities are beyond the control of World-Link. You should be aware that any submissions to discussion areas or other public areas on or accessed through World-Link are accepted with the understanding that they are accessible to all third parties. If You do not want Your comments to be viewed by third parties, You are advised not to make any submissions.
    4.13.
    Buying over the Internet
    When making purchases or other transactions using the Service or the Internet, You may be asked by the merchant or information or service provider to supply certain information, including credit card or other means of payment. World-Link is not a party to such transactions, and is in no way responsible for any charges You incur when making purchases or for the performance of any of the terms of such transactions.
    4.14.
    Monitoring
    World-Link has no obligation to monitor the Service. Your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by World-Link. World-Link cannot and does not screen content provided by users of the Service. However, You agree that World-Link has the right to monitor the Service electronically from time to time to disclose any information as necessary to satisfy any law, regulation, or other governmental request, to operate the Service properly, or to protect itself or its subscribers. World-Link will not intentionally monitor (except for testing or security protection purposes) or disclose any private electronic e-mail message unless required by law. World-Link reserves the right to refuse to post or to remove any information or materials, in whole or in part, or to refuse to permit access to web sites that, in its sole discretion, are unacceptable, undesirable, or otherwise in violation of these Terms and Conditions and/or applicable law.
    4.15.
    Change of Telephone Service
    It is Your sole responsibility to advise World-Link if You change Your local telephone service, this includes moves, regardless of whether Your phone number changes or not, changes to Your phone number, and any other changes that may occur to Your local telephone service. You will be responsible for any cancellation and/or re-installation charges, if applicable.
  5. PAYMENT AND BILLING
    6. 5.1. You will pay according to the offered payment option/plans of Your choice.
    5.2. You are responsible for payment to World-Link of charges for all Service(s) and equipment furnished to You including monthly service charges, equipment shipping fee, any restoral fees, long distance fees and any other charges incurred in using Your Services, regardless of who actually used the Services. Payment is due upon delivery of invoice.
    5.3. Ancillary services, including but not limited to Service modifications and changes, 9-1-1 Access, TTY, Message Manager, Extra Business Listings, Telephone Rental Sets, Circuits, Prestige Numbers, ISDN lines, etc. will result in additional monthly charges from World-Link.
    5.4. Fixed charges per Service are payable monthly in advance and other charges are payable when billed. World-Link reserves the right to ask for pre-authorized payment as condition precedent for provision of certain Services.
    5.5. A late payment charge applies when payment has not been received thirty (30) days after the date of the statement of account for Service. This charge is a monthly compound rate of 1.5%. This charge will apply to charges for all Services. In addition, an Administrative Surcharge will apply to payments that are returned as Not Sufficient Funds ("NSF"), including cheques, credit card and pre-authorized debit payments.
    5.6. In exceptional circumstances, for example, where Your usage presents an abnormal risk of loss to World-Link, prior to the normal billing cycle date World-Link may require payment from You on an interim basis for the charges that have accrued. In such cases, the charges will be considered past due three (3) days after they are incurred or three (3) days after World-Link demands payment, whichever occurs later.
    5.7. No charge disputed by You can be considered past due unless World-Link, at its sole discretion, has reasonable grounds for believing that the purpose of the dispute is to evade or delay payment.
    5.8. World-Link may request immediate payment in extreme situations, provided World-Link has notified You and the abnormal risk of loss has substantially increased since that notice was given or World-Link, at its sole discretion, has reasonable grounds for believing that there exists an intention to defraud World-Link.
    5.9. You must bring invoice inquires or disputes to World-Link's attention within thirty (30) days of the date of the invoice, or You will be deemed to have accepted the invoice.
    5.10.
    Refunds
    You acknowledge that World-Link will not issue cheques for refunds for amounts lower than ten dollars ($10.00). In the alternative, You agree that any refunds lower than ten dollars ($10.00) will be credited against Your account. An Administration Fee will apply for cheque issued for refund
    5.11. World-Link reserves the right to ask for pre-authorized payment for certain Services.
  6. E-BILLING / My-WLink ON-LINE BILLING SERVICES
    7. 6.1. Once Your application for E-Billing Services has been accepted by World-Link, You will receive invoices for Services via electronic mail ("E-Billing") every month. You understand and agree that You will no longer receive paper invoices via regular mail and You agree to ensure that You have the proper hardware, software and Internet services in order to receive the E-Billing Services.
    6.2. You understand and acknowledge the only accepted methods of payment for E-Billing Services are credit card single payments, pre-authorized credit card payments, pre-authorized chequing account withdrawals, telephone banking, on-line banking and cheque payment in person or by post.
    6.3. World-Link reserves the right to withdraw the E-Billing Services upon providing You with reasonable notice and to cancel a subscriber's E-Billing Service if You have used the E-Billing Service for purposes that are contrary to law or in a way that disrupts the E-Billing Service.
    6.4. You agree that it is Your responsibility to provide World-Link with all correct information in order to receive the E-Billing Services. If You change email addresses, it is Your responsibility to notify World-Link immediately of such change. You are responsible for payment of invoices even where You have any difficulties accessing the E-Billing Service.
    6.5. In the event of a discrepancy between the E-Billing and World-Link's billing records, You agree that World-Link's billing records will be taken as correct.
    6.6. You may cancel the E-billing Service, upon providing World-Link with written notice, after which, Your invoices will be sent via regular mail.
    6.7. You understand and acknowledge that the information that You have given World-Link in order for World-Link to provide You with the My-WLink On-Line Billing Service is accurate and complete. You agree that You will not provide World-Link with false information and that You have all the necessary consents to use the My-WLink On-Line Billing Services.
    6.8. You agree to safeguard Your My-WLink On-Line Billing account's identification and password from any unauthorized use and agree that You are responsible for its protection and in no event will World-Link be liable for the unauthorized use or misuse of Your account identification or password.
    6.9. The My-WLink On-Line Billing Service is provided to You "as is" and "as available". World-Link has no responsibility to You for any errors or omissions of any kind in the content.
  7. CREDIT CHECK AND SECURITY DEPOSITS
    8. 7.1. World-Link reserves the right to conduct a credit check from time to time on You and to require a deposit or other security, including a credit card payment, before it provides or continues to provide any Service to You, and You consent to the credit check and the provision of Your personal information to credit bureaus, credit grantors and suppliers of services. You further agree to provide any appropriate authorizations and financial information as World-Link may reasonably request for this purpose.
    7.2. World-Link will require security deposits from You at any time where, at the sole discretion of World-Link, You have no credit history and do not provide satisfactory credit information, have an unsatisfactory credit rating; or present a risk of loss. World-Link will release such security deposit at its' discretion and upon satisfactory payment history. Further security may be required if You subscribe for further Services and/or Service usage increases.
  8. CHANGES OR TERMINATION OF RATES AND PLANS OF THE SERVICE
    9. World-Link may at any time and without notice to You, change, modify or terminate any rates, plans or plan features, in whole or in part, including introducing new charges or fees. In the event of any such change, by Your continued subscription to the Services you will be deemed to have accepted the change and You will be responsible for paying all charges incurred for use of the Services, including charges resulting from the change or modification.
  9. TERM AND TERMINATION
    10. 9.1.
    Term and Termination
    9.1.1. The initial term of Service(s) will begin the first day the Service is operational or as otherwise set out in the Service Agreement(s) given to You by World-Link when You subscribe for Service(s). Upon completion of initial term, Your Service(s) will renew as month-to-month term. In the event You cancel the Service before the Service is operational, You agree to pay at a minimum, shipping and set up costs associated with the Services.
    9.1.2. Any new added services, features, or long distance plans etc which are on monthly basis, will be commenced and billed from the 1st day of the fore coming month.
    9.1.3. You may contact World-Link to cancel Your World-Link's Services. Cancellation will be effective from the date World-Link receives your cancellation request or the date you request the cancellation to take effect. Upon cancellation of Your Service Agreement(s), You will remain responsible and agree to pay for all charges that You owe World-Link until You have paid Your account in full to the satisfaction of World-Link.
    9.1.4. If You cancel the Service prior to the end of the Service Term, Early Termination Fee will apply.
    9.1.5. If You have prepaid for Services for a specific term and wish to cancel Your Services before the end of such specific term, World-Link will not provide You with a refund for such prepaid amount.
    9.1.6. World-Link reserves the right to suspend or discontinue providing the Service at any time in its sole discretion. If the Service is terminated by World-Link in its sole discretion and for any reason other than a breach or action of You, you will be liable for all charges accrued through the date of termination. If the Service is terminated as a result of a breach or other action of You, you will be liable for the entire month in which the termination occurs, unbilled charges and an Early Termination Fee as set forth below and all such charges shall be immediately due and payable.
    9.1.7. If You have subscribed the Bundle Services with World-Link, once any one or more of the Services in a Bundles Plan have cancelled, switched away from World-Link, regular rates will be charged on the remaining Services or World-Link will charge you a fee for the cancellation. You agree to give us permission to charge Your account with the difference or the cancellation fee.
    9.2.
    Cancellation, Suspension or Termination
    In addition to all other rights as set out in this Agreement, World-Link may cancel, suspend or terminate this Agreement and Your Services and will charge a suspension fee if You:
    9.2.1. Fail to pay outstanding past due amounts for Your Services or Your payment is returned N.S.F. In such cases, World-Link may not resume Your Services until full payment is made sufficient to cover the amounts outstanding;
    9.2.2. Fail to pay outstanding past due amounts for any other services provided by World-Link to You;
    9.2.3. Fail to provide interim payment when requested by World-Link;
    9.2.4. Become bankrupt or insolvent;
    9.2.5. Fail to meet World-Link’s credit requirements;
    9.2.6. Present an abnormal risk of loss (including, incurrent a significant amount of billable charges) as determined in World-Link’s sole discretion;
    9.2.7. Violate any term in this Agreement;
    9.2.8. Use the Service(s) in a manner which is contrary to this Agreement World-Link's AUP and/or law, including CRTC rulings, decisions or orders and tariffs, or for the purposes of communicating in a way that is harassing, threatening, abusive or annoying;
    9.2.9. Subscribe for Internet Services, which do not include the use of Static IP Addresses (such as Dial-up Internet Access or DSL Internet Access with a modem), and use automated operations and / or server applications requiring connectivity;
    9.2.10. Are threatening, harassing, abusive or unreasonable to World-Link, its employees and agents;
    9.2.11. Modify, alter, reverse engineer, de-compile, disassemble or create derived works based on, World-Link proprietary network protocols or World-Link Internet-provided software or interfere with World-Link's Equipment, without limiting any recourse World-Link may wish to take against You in respect of such infringing and illegal activity.
    9.3. Upon cancellation, all user names used in conjunction with the Service remain the property of World-Link and World-Link may, at any time at its discretion, require You to change Your user name.
    9.4.
    Your Responsibility Upon Termination
    You remain responsible to pay all charges for Your Services up to the date of suspension, cancellation or termination by World-Link. World-Link reserves the right to charge You a reactivation fee if your Service is reactivated after suspension.
  10. WORLD-LINK RIGHT TO REFUSE TO PROVIDE SERVICES
    11. World-Link may, in its sole discretion, refuse to provide Services to You where
    10.1. You owe past due amounts to World-Link or have had a history of past due amounts owed to World-Link;
    10.2. You do not provide a security deposit or other requirements requested by World-Link
    10.3. You pose a credit risk or an abnormal risk of loss;
    10.4. World-Link will incur unusual costs or expenses which You will not pay; or
    10.5. World-Link does not provide the requested Service(s) in Your area.
  11. SERVICE INTERRUPTION
    12. World-Link may suspend Services at any time for any duration of time, without penalty or liability to itself, where necessary to prevent improper or unlawful use of the Service, facilities, connections or network. You agree that it may be necessary to temporarily suspend service for technical reasons or to maintain the network, equipment or facilities. World-Link shall have no liability whatsoever in connection with any such suspension of service or for the termination of the Service by World-Link, pursuant to these Terms and Conditions for non-payment of amounts or deposits due, for unlawful or improper use of facilities or the Service by You, for Your inability to access the Service, or for any other reason.
  12. FAIR USAGE POLICY
    13. Unlimited calling are subject to conventional residential, non-business and non-professional use only, in World-Link’s sole discretion, that Your use of the Service is, or at any time was, inconsistent with conventional residential usage patterns or You exceed the fair usage limits set out below. You agree that World-Link may monitor Your account for misuse and if World-Link determines, in its sole discretion that Your use is not for conventional residential purposes, World-Link may terminate Your use of the plan or switch You automatically to another plan. In addition, You will be required to pay for the exceeded usages.
    Fair Usage Limits. World-Link Unlimited plans are subject at all times to a limit of 2000 minutes in aggregate during each monthly billing cycle for outgoing inclusive local and long distance.
  13. INDEMNIFICATION
    14. You agree to indemnify, defend and hold harmless World-Link and its licensors, affiliates, directors, officers, employees, contractors, agents, underlying carriers, and suppliers from and against all claims, losses, expenses, damages and costs, including legal fees, resulting from any breach by You of this Agreement, even after this Agreement has been terminated.
  14. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
    15. 14.1. World-Link does not guarantee uninterrupted Services operation. World-Link and its directors, officers, agents, assigns, underlying carriers, licensors and suppliers, provide the services "as is" and make no express or implied warranties of any kind regarding the Services, facilities, network, Equipment or products in any way. To the extent applicable by law, World-Link and its directors, officers, agents, assigns, underlying carriers, licensors and suppliers make no warranty of merchantability or fitness for a particular purpose or use.
    14.2. In particular and without limitation, World-Link and its directors, officers, agents, assigns, underlying carriers, licensors and suppliers, are not liable for:
    14.2.1. disruption or interruption in Service availability, INCLUDING UNAVAILABILITY OF 9-1-1 SERVICE;
    14.2.2. any event beyond World-Link' control, including acts of God, inclement weather, labour disputes, riots or civil disputes, war or armed conflict, any law, governmental order, regulation or decision; or
    14.2.3. damage to the Equipment or Your premises, which is not wholly caused by World-Link' gross negligence or willful misconduct.
    14.3. Notwithstanding the foregoing, World-Link and its directors, officers, agents, assigns, underlying carriers, licensors and suppliers, shall in no event be liable to You or any person for any actual, direct, indirect, consequential, special, incidental, reliance, punitive or any other damages, or lost profits of any kind whatsoever, injury, death or damage to person or property, whether in negligence, breach of contract tort or other causes of action, arising out of the provision of Services or in any way from this Agreement, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OF 9-1-1 SERVICE. In the event World-Link is found liable by a court of competent jurisdiction, liability will not exceed an amount equal to the price of Services purchased by You during the month preceding the event in question.
    14.4. Any action or proceeding against World-Link by You must be commenced no later than 1 year after the event giving rise to the action or proceeding.
  15. CUSTOMER RECORDS
    16. You authorize World-Link to collect from any party and to retain all relevant information relating to Your use of the Service, and You hereby authorize any party to provide us with such information.
  16. RELATIONSHIP
    17. The relationship between You and World-Link is that of independent contractors, and You do not have, nor may You hold Yourself out as having, any authority to act for or create any obligation of, or make any representation on behalf of or in the name of World-Link. You shall not use, in any manner or circumstances whatsoever, any trade-marks, trade names, logos or designs owned or licensed by World-Link.
  17. NUREMENT / ASSIGNMENT
    18. These Terms and Conditions between You and World-Link are binding upon and shall enure to the benefit of the parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns. You shall not assign or transfer Your rights or obligations hereunder or otherwise in respect of the Service without World-Link prior written consent.
  18. UNENFORCEABLE PROVISIONS
    19. If any part of these Terms and Conditions are found to be invalid or unenforceable under applicable law, such part shall be ineffective to the extent of such invalid or unenforceable part only, without in any way affecting the remaining parts of these Terms and Conditions.
  19. CUSTOMER PRIVACY AND CONFIDENTIALITY
    20. You agree to read and adhere to World-Link's Privacy Policy ("Privacy Policy") available at http://www.wlink.ca/html/privacypolicy.htm and agree to hold World-Link harmless from all liabilities and expenses related to any violation by You of the Privacy Policy. World-Link reserves the right to change the privacy policy at any time by posting a new version of this policy on the http://www.wlink.ca website and/or by notifying users of the existence of a new privacy policy. Additional information and a copy of the federal privacy legislation is available through the Privacy Commissioner of Canada's website at www.privcom.gc.ca.
  20. LANGUAGE
    21. You confirm that You accept this Agreement, as well as all other related documents, including invoices and notices, to be drawn up in English only. Vous confirmez que vous acceptez cet accord, ainsi que tous les autres documents connexes, y comprisles factures et les avis, être rédig?en anglais seulement.
  21. TRADE-MARKS, COPYRIGHT AND OTHER INTELLECTUAL PROPERTY
    22. World-Link and any other trade-mark which includes the word "World-Link" are licensed trade-mark of World-Link and all copyright or other intellectual property rights attaching to the World-Link's website are the property of World-Link, any unauthorized downloading retransmission or other copying or modification of trade-marks and/or the content of such website may subject the person engaging in any such activity to legal actions.
  22. GOVERNING LAW
    23. The rights and obligations of the parties pursuant to these Terms and Conditions shall be governed by, and construed in accordance with, the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any principles of conflicts of laws. By using the Service, You submit and attorn to the jurisdiction of the Courts of the Province of Ontario to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with the Service. The Service originates in Canada.
  23. CONTACT
    24. To contact World-Link: by phone : 1-877-513-3087; by email: csr1@wlink.ca; by fax: 1-855-513-3082; in writing: Suite 200 - 340 Ferrier Street, Markham, Ontario, L3R 2Z5
Last Update: March 15, 2017